HomeMy WebLinkAboutORD 1411ORDINANCE NO. 1411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE
AMENDMENT OF THE PALM DESERT MUNICIPAL CODE TO ADD
CHAPTER 25.42 – MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN
STANDARDS, AMENDING OTHER CHAPTERS OF TITLE 25 TO
IMPLEMENT CITY-WIDE MULTIFAMILY AND MIXED-USE RESIENTIAL
OBJECTIVE DESIGN STANDARDS AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT. CASE NO. ZOA24-0001
WHEREAS, Government Code Section 65800 et seq. provides for the amendment
of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and
regulations; and
WHEREAS, on September 29, 2017, in an effort to address the State’s ongoing
housing crisis, Governor Newsom signed Senate Bill 35 (Wiener) into law, which
amended Government Code Sections 65400 and 65582.1, and added Section 65913.4,
requiring cities and counties to streamline their review and approval of eligible housing
projects; and
WHEREAS, on October 9, 2019, in an effort to address the State’s ongoing
housing crisis, Governor Newsom signed Senate Bill 330 (Skinner) into law, which
amended Government Code Section 65589.5 and 65941.1 of the Government Code,
relating to housing limiting a jurisdiction’s ability to deny a housing project when it
complies with all objective general plan and zoning standards; and
WHEREAS, on September 28, 2022, in an effort to address the State’s ongoing
housing crisis, Governor Newsom signed Assembly Bill 2011 (Wicks) into law, which
amended Government Code Section 65400 and 65585, and added 65912.100 -101
requiring jurisdictions to subject certain multifamily housing projects in commercial
districts to a ministerial, streamlined approval process if the development satisfies
specified objective planning standards; and
WHEREAS, the City of Palm Desert will amend the Palm Desert Municipal Code
to provide regulations for Multifamily and Mixed-Use Objective Design standards to
ensure quality, economically feasible, and sustainable design under the streamlined
review and approval processes required by state law; including Senate Bill (“SB”) 35, SB
330, and Assembly Bill (“AB”) 2011; and
WHEREAS, the City has complied with the requirements of the Local Planning and
Zoning Law (Government Code section 65100 et seq.), and the City’s applicable
ordinances and resolutions with respect to approval of amendments to Title 25 of the
Palm Desert Municipal Code (“Zoning Ordinance”); and
WHEREAS, in an effort to comply with Housing Streamlining Laws and anticipated
removal of the discretionary design and site review process for certain housing projects,
an amendment to the City’s Zoning Ordinance regulating and implementing Objective
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Design Standards is proposed and attached hereto as Exhibit “A” of this Ordinance and
the Palm Desert Multifamily and Mixed-Use Objective Design Standards are attached
hereto as “Exhibit B”; and
WHEREAS, the ZOA modified the Palm Desert Municipal Code (PDMC) Title 25
(Zoning) to change and update land uses and definitions; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367
of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs.,
tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines,
the City is the lead agency for the Project; and
WHEREAS, the Project has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA” Resolution No. 2019-41, in that the
Director of Development Services has determined that the Project will not have a
foreseeable significant impact on the environment and that the Project is eligible for an
exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore,
no further environmental review is necessary at this time; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
schedule a public hearing on January 16, 2024, to consider the requestion, which was
cancelled due to a lack of quorum; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on February 6, 2024, hold a duly noticed public hearing to consider the project and
unanimously voted to adopt Planning Commission Resolution No. 2852 recommending
the City Council approve the project with modifications; and
WHEREAS, the City Council of the City of Palm Desert, California, did on March
14, 2024, hold a duly noticed public hearing to consider the recommendation of Planning
Commission Resolution No. 2852; and
WHEREAS, at said public hearing, the City Council requested modifications of the
Palm Desert Multifamily and Mixed-Use Objective Design Standards Document which
included several substantial modifications to several standards contained in said
Document which constitute a modification of the Planning Commission recommendation;
and
WHEREAS, pursuant to Government Code Section 65837 any modification of the
proposed ordinance or amendment by the City Council not previously considered by the
planning commission during its hearing, shall first be referred to the planning commission
for report and recommendation, but the planning commission shall not be required to hold
a public hearing thereon; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on April 2, 2024, hold a public meeting to consider the modified ordinance, which includes
the City Council revisions of the Palm Desert Multifamily and Mixed-Use Objective Design
Standards Document and adopted Planning Commission Resolution No. 2863
recommending the City Council approve the project with modification; and
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WHEREAS, the City Council of the City of Palm Desert, Ca lifornia, did on the 11th
day of April 2024, hold a duly noticed public hearing to consider the request by the
Applicant for approval of the above-noted Project request; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the City Council did
find the following facts and reasons, which are outlined in the staff report, exist to justify
approval of said request:
NOW, THEREFORE, THE CITY COUNCIL OF THE CIT Y OF PALM DESERT,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council hereby finds that:
A. The City of Palm Desert, California (“City”), a municipal corporation duly
organized under the constitution and laws of the State of California; and
B. The Planning and Zoning Law authorizes cities to establish by ordinance the
regulations for land use and development.
SECTION 2. Amendment. The Planning Commission of the City of Palm Desert
recommends that the City Council of the City of Palm Desert, California, approve and adopt
the PDMC amendment to Title 25 as shown in Exhibit “A” and Palm Desert Multifamily and
Mixed-Use Objective Design Standards shown in Exhibit “B” which is attached hereto and
incorporated herewith.
SECTION 3. CEQA. Pursuant to the California Environmental Quality Act (CEQA),
Public Resources Code Section 21000, et. seq., as amended and implementing State
CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively
“CEQA”), the adoption of the Ordinance implementing the objective design standards and
the Multifamily and Mixed-Use Objective Design Standards do not constitute a “project”
within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section
15060(c)(2) or 15378 because it has no potential for resulting in either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment. Even if the adoption of the Ordinance implementing the objective design
standards and the Multifamily and Mixed-Use Objective Design Standards document did
constitute a project under CEQA, the objective design standards documents fall within
the “common sense” exemption set forth in 14 Cal. Code Regs. Section 15061(b)(3),
excluding projects where “it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment…” Therefore, the
proposed objective design standards documents do not warrant further environmental
review. This determination reflects the independent judgement and analysis of the City
as the lead agency for the Amendment.
SECTION 4. CEQA. The application has complied with the requirements of the
“City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019 -41, in
that the City Council finds that the Project is an exemption from CEQA per Section
15061(b)(3) of the CEQA guidelines as the Project is a determination on whether a use
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that is not listed shall be deemed a conditional use . No direct, foreseeable impact on the
environment can be identified at this time.
SECTION 5. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council declares
that it would have passed each section, subsection, paragraph, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more section, subsection,
sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 6. Publication. The City Clerk of the City of Palm Desert, California, is
hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm Desert, California, and
shall be in full force and effective thirty (30) days after its adoption.to the Commission
shall attest and certify to the passage and adoption thereof.
ADOPTED ON APRIL 25, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Ordinance No. 1411 is a full, true, and correct copy, and was introduced at a regular
meeting of the City Council of the City of Palm Desert on April 11, 2024, and adopted at
a regular meeting of the City Council held on April 25, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on _______________.
ANTHONY J. MEJIA
CITY CLERK
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“EXHIBIT A”
ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Chapter 25.42 is hereby added as follows.
Chapter 25.42
MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS
Sections:
25.42.010 – Purpose and intent
25.42.020 – Applicability
25.42.030 – Relationship to other standards and requirements
25.42.040 – Exceptions
25.42.050 – Review and decision
25.42.060 – Appeals
25.42.070 – Post-decision procedure
25.42.010 - Purpose and intent
This chapter is intended to establish and apply objective design standards to new multi-family
residential and mixed- use development projects within the City of Palm Desert where state
law limits the City’s enforcement of design standards to object ive standards or where state
law or the Palm Desert Municipal Code requires a ministerial approval process, except for
those projects described in Section 25.42.040. The purpose of this chapter is to:
1. Create high-quality, enforceable objective design standards.
2. Streamline the review and approval process for qualifying residential and mixed-use
projects.
3. Ensure greater certainty for applicants, decision makers, residents, and the public.
4. Enhance the existing character and to maintain compatibility with other established
uses within the City as new development and property improvements occur.
5. Continue to ensure the highest level of design quality while allowing for appropriate
flexibility to create variation as needed.
6. Create objective design standards that involve no personal or subjective judgement,
verifiable by reference to an external and uniform benchmark or criterion.
7. Facilitate the implementation of the Palm Desert General Plan.
8. Update standards on a timely basis to respond to new legislative actions.
25.42.020 - Applicability
1. The provisions of this chapter shall apply to all new multi-family residential and mixed-
use development projects located within the following zoning districts:
A. Mixed Residential District (R-2).
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B. Multifamily Residential District (R-3).
C. Planned Residential District (PR).
D. Office Professional (OP).
E. Planned Commercial (PC).
F. Specialty Commercial Center (PC-1).
G. District Commercial Center (PC-2).
H. Regional Commercial Center (PC-3).
I. Resort Commercial Center (PC-4)
2. The provisions of this chapter shall apply where state law or the Palm Desert Municipal
Code requires a ministerial approval process.
3. The City of Palm Desert Objective Design Standards are hereby adopted and
incorporated by reference herein, and as adopted by City the City Council and
amended from time to time.
25.42.030 - Relationship to other standards and requirements
The City of Palm Desert intends this chapter to establish reasonable, uniform and
comprehensive standards and procedures for multi-family residential and mixed housing
development within applicable areas, consistent with and to the extent permitted under
federal and California State law. The standards and procedures contained in this chapter are
intended to, and should be applied to, protect and promote public health, safety and welfare,
and also balance the benefits that flow from robust, comprehensive housing development
with the city’s local values, which include, without limitation, the aesthetic character of the
City, its neighborhoods and community.
The provisions of this chapter are intended to supersede other chapters and design
guidelines, except as noted below:
1. Standards for Applicable Zoning District. The Objective Design Standards supplement
and are in addition to the development standards for the applicable zoning district in
which a proposed project is located.
2. Subdivision Regulations. Title 26 establishes regulations for the subdivision of land
throughout the City of Palm Desert. Where conflict exists between the Objective
Design Standards and the provisions of Title 26, the Objective Design Standard shall
govern.
3. Relation to Other Regulations. Where a conflict occurs between the requirements of
the Objective Design Standards and other city requirements, the more restrictive
provisions shall apply.
4. The Objective Design Standards provide language, diagrams, sketches, and graphics
to assist developers and the pub in understanding the standards and how they shall
be applied to qualifying residential projects.
25.42.40 Exceptions
A. Projects seeking to deviate or to not comply with the objective design standards are
required to obtain Design Review approval by the Architectural Review Commission
pursuant to the requirements of Chapter 25.68, prior to obtaining approval by the
Planning Commission.
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B. Exempt Housing Projects. The provisions of this chapter are not applicable to:
1. Single-family detached homes.
2. Single-family detached homes as part of a major subdivision.
3. Duplex homes.
4. Accessory dwelling units pursuant to Section 25.34.030.
5. Two-unit projects pursuant to Section 25.34.080.
6. Renovations, additions, or expansions of existing residential buildings.
i. Where an addition or expansion of existing residential multi-family and
mixed use residential is greater than 50%, of the existing floor area, the
site plan shall comply with the Objective Design Standards for
landscaping.
7. Mixed-use projects with less than two-thirds of the building square footage
dedicated to housing.
8. Housing developed within Specific Plans which have adopted objective design
standards as a part of the Specific Plan. If the specific plan silent regarding a
standard, the ODS shall govern.
25.42.50 Review and decision procedure
1. The Director shall be the review authority for any Objective Design Review approval
for projects subject to the objective design standards. Land use approval of any
entitlement required in conjunction of the Objective Design Review shall be made by
the review authority identified in Chapter 25.60 – Procedures.
2. The applicant shall submit all materials required by the Director, including any
materials required by checklists created for the review process.
3. The Director shall evaluate the application based on the project’s conformance with
the objective development and design standards.
4. In approving an Objective Design Review subject to objective design standards, the
Director may impose conditions of approval as deemed necessary to:
a. Ensure that the proposal conforms to the general plan and other applicable
plans, or policies adopted by the City Council and or additional discretionary
approvals.
b. Ensure that the proposal meets the requirements of the zoning district where
the proposal is located, as well as any other applicable provisions of the
Development Code; and
c. Comply with the objective design standards as adopted within, or by reference
in Section 25.42.
25.42.060 – Appeals
The Design Review for Residential projects utilizing objective design standards are evaluated
under a ministerial review process for conformance with this section. The review authority
may restrict or deny a proposed residential design if they determine that the design is not
consistent with the objective design standards. The appeal will be heard by the Planning
Commission and shall be subject to a review by the Architectural Review Commission
consistent with the Design Review process and the requirements of Chapter 25.68.
25.42.070 Post-decision procedures
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The procedures and requirements relating to appeals, project revisions, issuance of a building
permit, effective dates, lapse of approval, extensions, and revocations located in Chapter
25.60 – Procedures shall apply following the decision on an application for an Objective
Design Review. To the extent any state law limits the total number of public hearings that
may be held on a project, including appeals, the Planning Commission shall have the
discretion, to refer the appeal directly to the Council for a decision.
SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 25.10.030 is hereby amended as follows:
25.10.030 Allowed Land Uses and Permit Requirements
Table 25.10-1 “Use Matrix for Residential Districts” below identifies land uses and
corresponding permit requirements for residential districts and all other provisions of this
title. Descriptions/definitions of the land uses can be found in Chapter 25.99 (Definitions).
The Special Use Provisions column in the table identifies the specific chapter or section
where additional regulations for that use type are located within this title.
Use regulations in the table are shown with a representative symbol by use classification
listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval
of an administrative use permit, “C” symbolizes uses that require approval of a conditional
use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are
not permitted. However, the Commission may make a use determination as outlined in
Section 25.72.020 (Use Determinations).
Table 25.10-1: Use Matrix for Residential Districts
Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use
Permit; C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3
R-
1M HPR PR
Special Use
Provisions
Residential Uses
Assisted living N C C C N N C
Accessory dwelling unit P P P P P N P 25.34.030
Condominium N N C C N N C 25.42
Dwelling, duplex N N P P N N N
Dwelling, multifamily N N P P N N C 25.10.040.A
/ 25.42
Dwelling, second P P P P N P P 25.34.030
Dwelling, single-family P P P N N P P
Farmworker housing N N N N N N N
Group home P P P N N P P 25.10.040.B
Guest dwelling P P P N N P P
Home-based business P P P P P P P 25.34.020
Junior accessory dwelling unit P P P P P N P 25.34.030
Manufactured home parks N N N N C N N
Planned unit development, residential N N C C N C C 25.10.040.C
Transitional and supportive housing see Note 1 25.42
Agriculture-Related Uses
Apiary P P P N N P P 25.34.170
Botanical conservatory A N N N N N N
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Residential Zoning District
(P=Permitted; A=Administrative Use Permit; L=Large Family Day Care Use
Permit; C=Conditional Use Permit; N=Not Permitted)
RE R-1 R-2 R-3
R-
1M HPR PR
Special Use
Provisions
Crops and horticulture, limited A N N N N N N
Domestic animals P P P P P P P
Garden, private P P P P P P P
Greenhouse, commercial C N N N N N N
Greenhouse, private P P P A A P P
Horticulture, private P P P P P P P
Kennel C N N N N N C 25.10.040.D
Livestock raising, noncommercial C N N N N N N
Nursery C N N N N N N
Orchard A N N N N N N
Stable, boarding A N N N N N N 25.10.040.E
Stable, private A N N N N N N 25.10.040.E
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Cemetery N N N N N N C
Community facility N N N N N N C
Club, private N N C C N N C
Crematory N N N N N N N
Day care, large family P P P P P P P
Day care, small family P P P P P P P
Institution, educational2 C C C C C N C
Institution, general2 N N N C N N C
Institution, religious C C C C N N C
Public park P P P P P P P
Recreational use, commercial N N N N N N C 25.10.040.G
Recreational vehicle park N N N N C N C
Recreation facility, commercial N N N N N N N
Recreation facility, incidental C C C C C N C 25.10.040.H
Recreation facility, private P N N P P N P
Recreation facility, public C C C C C N C
Utility, Transportation, Public Facility, and Communication Uses
Electric substation N N N N N N N
Fire station C C C C N N C
Public service facility C C C C C N N
Public utility C C C C C N N
Utility facility N N N N N N C
Retail, Service, and Office Uses
Bed and breakfast C N N C N N N
Commercial parking lot N C N C N N N 25.10.040.I
Condominium hotel, converted N N C C N N C
Hospital N N C C N N C
Hotel N N N C N N C 25.10.040.J
Neighborhood government office N N C C N N N 25.10.040.K
Office parking lot N C C C N N N 25.10.040.L
Professional office N N C C N N N 25.10.040.M
Resort hotel N N N C N N C 25.10.040.J
Timeshares N N N N N N C
Temporary Uses See Section 25.34.080
Notes:
1. Transitional and supportive housing shall be subject to only those restrictions that
apply to other residential uses of the same type in the same zone.
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2. Trade schools are not permitted.
SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal
Code Section 25.10.040 is hereby amended as follows:
25.10.040 Specific Use Standards
A. Multifamily. Multifamily dwelling units are permitted within the R-2 district up to a
maximum of 10 dwelling units per acre, or as indicated on the zoning map. Multifamily
dwelling units are permitted within the R-3 district at densities between 7 and 40 dwelling
units per acre, or as indicated on the zoning map. All new multifamily uses, mixed -use
residential, and attached condominiums must comply with the requirements of 25.42 –
Objective Design Standards.
SECTION 4. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.16.030 is hereby amended as follows:
25.16.030 Allowed Land Uses and Permit Requirements
Table 25.16-1 (Use Matrix for Commercial and Industrial Districts) identifies allowed uses
and corresponding permit requirements for commercial and industrial districts and all
other provisions of this title. Descriptions/definitions of the land uses can be foun d in
Chapter 25.99 (Definitions). The “Special Use Provisions” column in the table identifies
the specific chapter or section where additional regulations for the specific use type are
located within this title.
Use regulations in the table are shown with representative symbols by use classification
listing: “P” symbolizes uses permitted by right, “A” symbolizes uses that require approval
of an administrative use permit, “C” symbolizes uses that require approval of a conditional
use permit, and “N” symbolizes uses that are not permitted. Uses that are not listed are
not permitted. However, the Commission may make a use determination as outlined in
Section 25.72.020 (Use Determinations).
Table 25.16-1: Use Matrix for Commercial and Industrial Districts
Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Special Use
Provisions
Residential Uses
Caretaker housing N N N N N P 25.16.040.A
Condominium C C C N C C 25.16.040.B /
25.42
Dwelling, duplex C C C C C C 25.16.040.B
Dwelling, multifamily C C C C C C 25.16.040.B /
25.42
Dwelling, single-family C C C N C C 25.16.040.B
Group home C C N N C C 25.16.040.B /
25.42
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Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Special Use
Provisions
Single-room occupancies N N N N N C
Homeless shelter N N N N N P
Recreation, Resource Preservation, Open Space, and Public Assembly Uses
Amusement facility, indoors N N C C C N
Amusement facility, outdoors N N N C C N
Community facility N N N N N P
Day care center N A A A A N
Emergency shelters N P N N N P
Entertainment facility, indoor N N N P P N
Entertainment facility, outdoor N N N P P N
Institution, educational C C C N N C
Institution, general C N C N N C
Institution, religious C N C N N C
Open space (developed or natural) N P P N P N
Recreation facility, commercial N N P P P N
Recreation facility, private N N N P P N
Theater/auditorium N N P P N N
Utility, Transportation, Public Facility, and Communication Uses
Commercial communication tower C C C C C C 25.16.040.C
Commercial parking lot C N N N N N
Public utility installation N N N N N P
Public facility (utility or service) N N N N N P
Utility facility N N C N N P
Retail, Service, and Office Uses
Accessory massage establishment P N P P P N 25.34.160
Adult entertainment N N N N N C 25.16.040.D
Ancillary commercial A P P P N A 25.16.040.E
Art gallery A P P P P C
Art studio A P P P P C
Bed and breakfast N A A A A N
Business support services N N N N P P
Cannabis retail N C C C C N 25.34.120
Cannabis testing and research laboratory C N N N N C 25.34.120
Convention and visitors bureau N N P N P N
Drugstore N P P P N N
Financial institution C P P P N N
Grocery store N P P P N N 25.16.040.F
Health club, gyms or studios N A P P P A
Hotel N A A A P N 25.34.070
Independent stand-alone massage N N P P N N 25.34.160
Liquor store N P P P N N
Liquor, beverage and food items shop N P P P P N
Medical, clinic P N P P N N
Medical, office P P P P N N
Medical, hospital N N N N N C
Medical, laboratory P N N N N P
Medical office, accessory N N N N N P 25.16.040.G
Medical, research facility P P N N N C
Mortuary N N N N N P
Office, professional P N P P P P
Office, local government P N N N N P
Office, travel agency P P P P P N
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Commercial/Industrial District
(P=Permitted; A=Administrative Use Permit; C=Conditional Use
Permit; N=Not Permitted)
OP PC-1 PC-2 PC-3 PC-4 SI
Special Use
Provisions
Outdoor sales N N A A A A
Personal services N P P P P N
Restaurant A A A A P A 25.16.040.E /
H
Retail N P P P P N
Retail, bulky items N N N P P N
Spa N N P P P N
Time-share project N N N C C N
Veterinary clinics/animal hospitals A N A A N A
Pet boarding N A A A N A
Automobile and Vehicle Uses
Automotive rental agency N N N N P P
Automotive gasoline station N N C C N C 25.34.090
Automotive service facility N N C C N P 25.34.090
Automotive sales new and used
(outdoor/indoor)
N N N N N C
(outdoor) A
(indoor)
Automotive sales of accessory parts and
supplies
N N N P P N
Vehicle storage facility N N N N N P 25.16.040.I
Industrial, Manufacturing, and Processing
Uses
Cannabis cultivation N N N N N C 25.34.120
Cannabis delivery N N N N N C 25.34.120
Cannabis distribution N N N N N C 25.34.120
Cannabis manufacturing N N N N N C 25.34.120
Industrial planned unit development N N N N N P
Light industrial and research and
development
N N N N N P
Maintenance facility N N N N N P
Pest control facility N N N N N P
Preparation of foodstuffs N N N N N P
Production of home and office decor
accessories
N N N N N P
Warehouse or storage facility N N N N N P
Temporary Uses See Section 25.34.080
1 The establishment may be permitted with an administrative use permit but may be
elevated to a conditional use permit at the discretion of the ZA based on: parking, traffic,
or other impacts.
SECTION 5. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.16.040(B) is hereby amended as follows:
B. Residential (mixed use). Residential uses may be conditionally approved in a mixed-
use development subject to a conditional use permit to review for compatibility with existing
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use in the vicinity. All new multifamily or mixed-use developments shall be subject to Chapter
25.42.
SECTION 6. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.60.070 is hereby amended as follows:
25.60.070 Approving Authority
A. Designated approving authority. The approving authority as designated in Table
25.60-1 (Approving Authority for Land Use Permits/Entitlements) shall approve,
conditionally approve, or deny the proposed land use or development permit or
entitlement in accordance with the requirements of this title. Table 25.60-1 identifies
recommending (R), final (F), and appeal (A) authorities for each permit or entitlement. In
acting on a permit, the approving authority shall make all required findings.
Table 25.60-1: Approving Authority for Land Use Permits/Entitlements
Type of Entitlement, Permit, or Decision ZA Director ARC PC CC
Residential remodels and additions F A A F
Certificates of use and occupancy F A A
Temporary use permits F A A
Home-based business permits F A A
Large family day care use permits F F RR
Adjustments F A F RR
Administrative use permits F F RR
Reasonable accommodation F A F RR
Design Review R F A
Objective Design Review F R A2 A
Sign design review R F A
Zoning decision F A A
Use determinations R F A
Precise plans R R1 F A
Development plans R R1 F A
Conditional use permits R R1 F A
Condominium conversion permits R F A
Variances R R1 F A
Planned community developments R R1 R F
Amendments—Zoning ordinance R R F
Amendments—Zoning map R R F
Prezoning for annexed areas R R F
Development agreements R R F
General Plan updates R R F
Director=Director of Community Development, ZA=Zoning Administrator,
ARC=Architectural Review Commission, PC=Planning Commission, CC=City Council,
R=Review Body, F=Final Decision (unless appealed), A=Appeal Body, and
RR=Request Review only.
Footnote:
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1. A final determination is made by the ARC for design-related decisions as specified
in Chapter 25.68 (Decisions by the Architectural Review Commission).
2. All appeals of the Director’s Determination shall be made to the Planning Commission
and shall be subject to a discretionary review by the ARC subject to Section 25.68.040
Findings of the ARC, in addition to other appeal findings required by this Title.
SECTION 7. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.68.020 is hereby amended as follows:
25.68.020 Design Review Required
A. Purpose and applicability. Design review allows for specified projects to be
reviewed by the ARC to ensure that design objectives of Palm Desert as specified in the
General Plan are achieved. Design review is required, as follows:
1. Prior to permit issuance. No plan, elevation for buildings or structures, or
alterations shall be approved and no permit shall be issued for any building,
structure, sign, or other development of property or appurtenances or alterations
thereto, except in single-family residential districts and developments subject to
Objective Design Standards requirements of Chapter 25.42, without review and
approval by the ARC.
2. The ARC shall review all plans submitted with applications for moving
buildings within or into the City. Photographs shall be included with the application
showing all elevations, the structure proposed to be moved, the proposed site, and
the buildings adjacent to the proposed site. The ARC shall determine whether the
building proposed to be moved will fit harmoniously into the neighborhood wherein
it is to be located. It may approve, approve with conditions, or disapprove the
issuance of a permit to move such building.
3. The ARC shall review all plans for new two-story residential dwellings and
second story additions within the R-2 Zoning District as required by Table 25.10-3
(Residential Zoning District Development Standards) to ensure second stories are
compatible with surrounding homes including massing, materials, and considers
privacy of adjacent neighbors.
B. The ARC design review shall include the following:
1. The mass and bulk of the design should be reasonably compatible with the
predominant neighborhood pattern. New construction should not be
disproportionately larger than, or out of scale with, the neighborhood pattern in
terms of building forms, roof pitches, eave heights, ridge heights, and entry feature
heights.
2. Placement of windows and doors should have minimal impact to the
neighboring property.
3. Line of sight analysis shall be provided.
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4. To mitigate privacy impacts of new two-story homes and additions, tree
and/or shrub planting is required.
a. Applicability. These requirements shall apply to new two -story homes,
two-story additions, and/or new windows on existing two-story homes that
increase privacy impacts on neighboring residents.
5. Planting plan. Proposals for new two-story homes, two-story additions,
and/or new windows on existing two-story homes shall be accompanied by a
planting plan which identifies the location, species and canopy diameter of existing
and proposed trees or shrubs to meet the requirements.
SECTION 8. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.68.030 is hereby amended as follows:
25.68.030 Exceptions to ARC Review
A. Minor modifications. When in the opinion of the ZA, the approval of an
application for a minor or insignificant permit does not defeat the purposes and
objectives of this chapter, they may grant the permit without submitting the matter to the
ARC for its approval, notwithstanding any other provisions of this chapter.
B. Staff’s review of a single-family residence. Department staff shall review
applications for the issuance of a building permit for a dwelling in the single-family and
residential estate zones. The staff, on its own initiative, may forward such a request to
the ARC for action.
C. Multifamily and Mixed-Use Objective Design Standards. New developments
which are subject to Multifamily and Mixed-Use Objective Design Standards shall
comply with the review and decision procedure requirements of Chapter 25.42.
SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.72.030(E) is hereby amended as follows:
E. Review criteria. Any such precise plan of design may be rejected, approved,
modified and approved, or approved subject to conditions. Any such precise plan of
design after approval may be amended, in the same manner as a precise plan of design
is first approved under this chapter. The following criteria apply:
1. In the approval or rejection of a precise plan of design, consideration shall be
given and restrictions shall be imposed to the extent necessary, in view of the size
and shape of the parcel and the present and proposed zoning and use of the subject
property and the surrounding property, to permit the same degree of enjoyment of
the subject property, but subject to the same degree of protection of adjoining
properties, as would be accorded in normal circumstances by the standard
restrictions imposed by this chapter. The standard restrictions imposed in the various
zones by this chapter are intended as minimum restrictions necessary in normal
circumstances to prevent substantial depreciation of property values in the vicinity
and unreasonable interference with the use and enjoyment of property in the vicinity
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by the occupants thereof for lawful purposes, and for the protection of the public
peace, health, safety, and general welfare. “Normal circumstances” are intended to
refer to the case of a permitted case upon a lot of a normal size and shape
surrounded by property in the same zone as the lot in question.
2. If the proposed precise plan of design would substantially depreciate property
values in the vicinity or would unreasonably interfere wit h the use or enjoyment of
property in the vicinity by the occupants thereof for lawful purposes or would
endanger the public peace, health, safety, or general welfare, such plan shall be
rejected or shall be so modified or conditioned before adoption as to remove said
objections.
3. If required, the design review approval by the ARC (Section 25.68.020, Design
Review Required), or Objective Design Review approval by the Director (Section
25.42 Multifamily and Mixed-Use Objective Design Standards) must be obtained
prior to the precise plan review by the Commission.
SECTION 9. Amendment to Palm Desert Municipal Code. Palm Desert
Municipal Code Section 25.99.020 is hereby amended to add the following definitions
Objective Design Standards. The most recently adopted Multifamily and Mixed-Use
Objective Design Standards document approved by the City Council.
Mixed-Use. A mixing of uses in a development project either with in a vertical manner
with residential over commercial, retail, office, or institutional uses, or a mixing of uses in
a development project or with neighboring structures.
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